Bijay Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59033 of 2021 Arising Out of PS. Case No.-460 Year-2019 Thana- LAXMIPUR District- Jamui ====================================================== Bijay Gupta Son of Raghunath Gupta Resident of Village and P.O. - Anandpur, P.S. - Laxmipur, District - Jamui.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anand Kishore Sinha For the Opposite Party/s :

Mr.Dinesh Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-02-2022 Heard learned counsel for the parties.

The petitioner seeks bail in Lakshmipur P.S. Case No. 460 of 2019, registered for the offence under Sections 420, 406, 409 of the Indian Penal Code.

As per the prosecution case, this petitioner is alleged to have illegally withdrawn Rs. 20,000/- (Rupees twenty thousand) from the account of the informant, which was credited into the account of informant under Pradhan Mantri Gramin Awas Yojna for construction of house.

It is submitted on behalf of petitioner that petitioner runs a C.S.P. in his house under the license of one Sarita Devi, having C.S.P. Code No. IA74G789 and it is in operation since 2015. It is further submitted that from the statement of the bank account of informant (Baigani Devi) for the period from

Patna High Court CR. MISC. No.59033 of 2021(3) dt.21-02-2022 2/2 20.06.2018 to 30.06.2018, Rs. 20,000/- was withdrawn by the informant in two installment and thereafter, one Bindu Devi has withdrawn Rs. 10,000/- on 21.06.2018 and Rs. 10,000/- on 23.06.2018 from the mobile facilities and as such, petitioner is nowhere involved in the illegal withdrawal of the money. In support of the same, Annexure - 3 has been brought on record, which is copy of bank statement of informant. Petitioner has got clean antecedent and he is in custody since 07.07.2021. Investigation is complete.

Learned A.P.P. for the State has opposed the bail petition.

Considering the aforesaid facts and circumstances, the bail petition of petitioner is allowed. Let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Jamui in connection with Lakshmipur P.S. Case No. 460 of 2019.

(Prabhat Kumar Singh, J) anay/- U T